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Arkansas Supreme Court upholds lethal injection law, Hutchinson to move forward
By thecitywire.com- Michael Wilkey
Published: 03/20/2015

The right of the Arkansas Department of Correction to select a chemical used in executions does not violate state law or separation of powers, the state’s highest court ruled Thursday. Gov. Asa Hutchinson said he is already moving to continue executions.

The Arkansas Supreme Court voted 4-3 in overturning a ruling by Pulaski County Circuit Judge Wendell Griffen that Act 139 of 2013 violated the state’s Constitution on the issue. In a 24-page ruling, Associate Justice Karen Baker said the law, passed by the Arkansas General Assembly, was legal.

“We disagreed, and hold that Act 139 is not an unconstitutional violation of the separation of powers clause found in this state’s constitution,” Baker wrote. “We affirm the circuit court’s conclusion that Act 139 is not a sentencing statute and, therefore, does not violate our rules against retroactive application of sentencing statutes.”

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